Can a Convicted Felon Purchase or Possess Any Type of Firearm?

Being a practicing attorney who handles firearms questions and legal issues, Ciyou & Dixon, P.C.’s attorneys, including Bryan L. Ciyou, encounter a number of routine questions and misconceptions as it relates to firearms. One area of constant inquiry and some misunderstanding, is whether a felon may purchase or possess a firearm of any type at any time and circumstance.

As a general proposition, there is a bright line rule (black and white) under federal law that prohibits any person convicted of a felony from purchasing or possessing any type of firearm. While there is a provision of federal law that would allow certain felons to have their rights to purchase and possess firearms restored, Congress has not funded his provision of the law. As such, ATF has no ability to use this legal mechanism.

Over the few decades state and federal penal laws have proliferated, and a whole class of crimes heretofore that were not felonies now fall into this class. There are pervasive arguments advanced for allowing non-violent felons to have their firearms rights restored. However, outside a pardon, these positions have yet to gain legal traction and be implemented.

In addition, under the Brady law, a person convicted of a misdemeanor crime of domestic violence is also so prohibited from purchasing, possessing and/or carrying firearms. State and federal law does not differentiated between handguns and long guns. This distinction generally applies to a person who must have a license to carry a handgun.

There are a number of other categories of people who are prohibited possessors, such as persons dishonorably discharged or adjudicated mentally defective.

Nevertheless, a common question received by firearms’ attorneys and AFT is what type of weapons (firearms) a convicted felon (post incarceration, parole and probation) may possess, if any. While state law may vary, and the federal exception is very technical, it may be possible for a felon to purchase, possess, and carry certain muzzle loading firearms.

Generally, these are defined in relevant part by those manufactured before or during 1898 and are loaded from the muzzle (the open end of the barrel). The ammunition in these firearms is not triggered by a firing pin striking and igniting a primer. Instead, they are mostly (by current terms) ignited by a percussion cap or flint stone creating a spark.

The ammunition itself is also a key point by which antique firearms are differentiated from current firearms. The casing for antique firearms is effectively the breach end of the barrel into which (from the muzzle) power, a patch (for creating a seal) and shot or slug is placed. This is not a fixed or self-contained cartridge.

If the firearm is a antique firearm as defined under federal law, and allowed by state law, a convicted felon may possess such. However, a number of current black powder firearms are made from components of other modern firearms. These are excluded from the definition of an antique firearm. Thus, very careful research is required and this likely takes an attorney familiar with the hyper-technical distinctions found in state and federal law.

A unintended violation of state or federal firearms law is likely to carry a lengthy prison sentence so any attempt to utilize the narrow exception must be carefully researched and a cost-benefit analysis employed. If this blog post about about whether or not a convicted felon can purchase or possess a firearm has help you understand this common question and area of concern and misunderstanding amongst gun owners as a whole, this blog post has met its educational goal.

This blog post is written by attorney Bryan L. Ciyou, Ciyou & Dixon, P.C., Indianapolis, Indiana, and is designed for general educational purposes only. You should not rely on this blog post and should consult with an attorney in your jurisdiction. Laws vary widely from place to place. This blog post is not a solicitation for legal services.

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70 comments

My son (22) was convicted in MN of 5th degree possession of 100 g of pot which is a felony. The conviction was stayed as long as he does not get into trouble in the next 5 years. He is living in my house and I have long guns as well as pistols (I have a carry permit). Do I have to remove all the guns from the house now? Can I keep the pistols in my locked truck with the keys locked in it so the truck can only be accessed from the door keypad which he does not have the combination?

Comment by jeff on January 2, 2013 at 4:17 pm

Hey, I was just wondering… what I was looking for was if a guy with a sexual harrassment felony can be in the same house a gun is in? I’ve heard a lot about them not suppose to be but I was wondering if it was true or not?

Comment by Leighann on January 14, 2013 at 3:54 pm

17 years ago My girlfriend’s friend intervene in a family argument I applied for a gun permit carry permit and was denied because I would they said I pled guilty to a domestic assault charge which I believe never happened I did not plead guilty I only wanna know if I can possess and target shoot with a black powder revolver revolver could you please help me at least tell me where to go to start my quest thank you very much I would appreciate it if you could help

Comment by tony kuldell on January 15, 2013 at 12:49 am

K#4 the provisions of this section respect to hand guns shall only apply to persons convected before jan 1 1975entucky law 527.040 Possesion of firearm by convicted felon -Exections if convected before., if i under stant it corectly they the dont give up ther right

Comment by charles leonard on January 31, 2013 at 6:45 pm

In minnesota and most states if you have a family member in the home who is on probation for a felony or parole they cannot be in the same same home with firearms or ammunition. This is the same for most states. Some exceptions are if the PO says it is ok as long as they are locked. Also in minnesota a felon can cary a firearm depending on the crime and date of conviction. I am a felon in MN who has a certificate issued by the state once my parole was over. It restricted me for the first ten yrs but afterwards full rights restored. Under US Code the rights on this is determined by state law and not federal law.

Comment by mark on February 5, 2013 at 1:48 am

I also dealt with barren and hart cty KY and in kentucky a felon convicted in another state but not in ky can possess a firearm as long as the convicting state restored all civil rightd. If convicted in ky you are banned for life unless you have the case sealed or expunged.

Comment by mark on February 5, 2013 at 1:52 am

i have a felony for theft of misslayed property i was wondering i have a gun permit i live in nh am i able to ever own a hand gun agean

Comment by jeremy on February 23, 2013 at 11:07 pm

isnt it true that our rights can not be taken away,and in fact can only be surrendered? In other words if you refused to sine any paperwork apon conviction you would not surrender your rights!

Comment by adam stein on April 2, 2013 at 10:59 am

[...] Re: The President's Gun Proposals Originally Posted by ThomPaine I believe each state has different laws. There is no blanket prohibition. Actually there is a blanket federal law to prohibit it. At least according to this source. Can Convicted Felon Purchase or Possess a Firearm [...]

I am a 30 year old male and I have a couple questions before I start the process of owning a firearm. I haven’t made any steps yet to talk to any goverment autorities, and have been trying to do some research before I do. I received an aggervated battery charge when I was 18. It was a low level felony, It states ” wrecklessly” and “unitentional” in the conviction. Its has been over ten years since the conviction, and I have recieved expungment for this crime five years ago. I have not been in any trouble since then. I have also moved from Kansas to Arizona. Can you tell me all the potiental issues I will run up against? Thanks!

Comment by Randy Watson on April 27, 2013 at 3:59 am

Is there any limition on air guns,knives throwing stars

Comment by mark arthur on May 3, 2013 at 1:01 pm

my ex-coworker it’s a retired police officer in new York state. He got arrested for one feloney larceny . Does he lose his license to carry after 30 years with a gun permit ?

Comment by Miguel Rodriguez on July 23, 2013 at 5:56 am

I have to say that all these State and Federal laws are unconstitutional because our ancestor granted the right to keep and bear Arms to all of us and they did not give neither Congress nor the States the right to regulate this Amendment (Amendment 2) “by appropriate legislation”. There is no such right granted. It was left to the people of the different States to regulate themselves as a Militia for their protection. But we have a dictatorial Congress and a Dictatorial U.S. “criminal” Supreme Court.

On the subject of Firearms possession by a person convicted of a felony,Federal or State there are ways to legally possess firearms if one can get a State Certificate of Relief from Criminal Disabilities or a Certificate of Good Conduct. These Certificates are granted by the States and they restore all the Civil Rights lost at the time of a conviction State and Federal. These certificates satisfy the federal requirements for possessing firearms. If your State grants you back your civil right and for the the federal government this means the restoration of the right to vote, to run for office and to sit in a jury then you can possess again firearms.http://articles.latimes.com/1991-05-14/news/mn-1908_1_civil-rights

Very few people know about this federal law. People can also move to States which grant these certificates.

Comment by Rex26 on July 23, 2013 at 10:44 pm

I would like to know from someone if this ruling by the Arizona Federal Court has been overturned in a higher federal Court. if that’s the case then we have to protest in front of the U.S. Supreme Court possibly hold all the Federal Court as enemies of the people and instruct the population at large that as we are dealing with a criminal government that if the’re called as jurors in firearms case and other cases they shall not convict. (Jury nullification) We render our own justice.
The Second Amendment is very clear: “the right” of the people to keep and Bear Arms shall not be infringed. And there is nothing at end of this Amendment which would infer a right of the States or Congress to regulate this act through “appropriate legislation”. Neither the States nor Congress have power over this Amendment. It was left up to the people to regulate themselves.

Comment by Rex26 on July 24, 2013 at 7:48 pm

I was convicted in 1987-88 of a one felony count of sales of a controlled substance in the state of Nevada (methamphetamine). I have resided in the state of Montana since 1988 and my question is … Do I have the right to bear arms restored at this point in time? If not, what steps do I need to take to have my rights restored?!

Comment by Lori R Staples Wageman on July 26, 2013 at 10:57 pm

I was charged with a 1st degree felony, for stolen property. All accounts were returned, and charge was dropped to misdemeanor 3rd degree. Is it allowed to purchase a firearm in the state of alabama, with this charge/disposition?
Thanks

Comment by Bruce Tickell on July 31, 2013 at 3:25 pm

I was recently arrested for carrying a handgun in N.C. It wasn’t conceled it was in a holster on my hip while walking my dog.My felony was misuse of credit card in 1992 .I received a 6 month sentence and it has ruined my life.Now 21 years later im looking at at least a year when I never even pulled it out.i had 1500 dollars on me to buy a truck and was only looking to protect myself.all sorts of felons are hiding theirs for one reason or another .2 weeks later I was jumped and robbed at gunpoint.They got my wallet and I took a beating by 5 men .even pistol whipped.NOt a police man around to help……justice?

Comment by david ally on August 9, 2013 at 8:28 am

I am a convicted felon, I live in Ohio, and I legally own several guns. Convicted felons who don’t know the law…this is for you,

Ohio law says you can’t own a firearm if you are convicted of a violent or drug related felony. If your felony wasn’t violent or drug related you can still own a firearm according to Ohio law. Federal law says you can’t own a firearm if you have been convicted of any felony that punishment can exceed 12 months. Well if you have a felony 5 in Ohio, that is only punishable up to 12 months. Federal law also says if you have any misdemeanor domestic violence you can not own a firearm. So if you have no misdemeanor domestic violence, your felony was only a felony 5, it wasn’t violent or drug related, then by all laws you can legally own a firearm.

Now let’s say you do have misdemeanor domestic violence, and your felony was higher than a felony 5 and punishable by a sentence exceeding 12 months, well then under federal law you can not own a firearm. However, federal law does not consider a muzzleloader or antique firearm a firearm, so you can own that type of gun under federal law. However, Ohio does consider a muzzleloader or antique firearm as an actual firearm, but if your felony wasn’t violent or drug related, you still have the right to own a firearm under Ohio law.

It’s hard to understand at first, but this is law. I have 5 felonies all non violent or drug related, and a misdemeanor domestic violence. I legally own 5 muzzleloaders. Two revolving pistols, a revolving rifle, and two inline rifles.

If you need help understanding this and are close by I can show it all to you in black and white and explain it.

move to a state that allows open carry and which does not prohibit felons from possessing cap and ball revolvers. I am designing one that is double action, so rapidfire is not far off, with such guns. With one in each hand, there is a away to get 20 hits on a man, at 10ft of distance, in less than one second

Comment by Don Russell on August 29, 2013 at 10:47 pm

WHEN CAN I GET MY GUN RIGHTS RESTORED IN MINNESOTA FELONY BURGLARY

Comment by pAUL sTEICHEN on September 13, 2013 at 5:15 pm

I plead guilty to a felony when I was 21 years old, I a now 41 and have neither had anything on my record before the incident or since. Am I to never have the right to bear arms? Just a question I was wondering about, since the case was an isolated incident involving myself as a battered wife that fought back against her abuser.

Comment by Wendy Williams on September 15, 2013 at 9:18 pm

my husband is being charged with a felon with a firearm.
im not sure if he can be charged being that he is not a felon..

Comment by LIN ESQUIVEL on October 3, 2013 at 12:50 pm

i had a felony charge of forgery, it was a SIS and now is not a public record only for since now im now im of of probation as of 2009 im not a felon,can i posses a firearm. im in missouri

Comment by scott on October 9, 2013 at 12:13 am

can i get a gun permit, i had a non violent felony conviction more than10 yrs ago in NY and currently a Ct resident and business owner?

is a crossbow or a compound bow considered a firearm that cant be possesed by a convicted felon in the state of indiana?

Comment by rodney on October 22, 2013 at 3:55 pm

How long do you have to register a pistol after purchasing?

Comment by kris on October 30, 2013 at 11:11 pm

I was convicted of “unlawful recording” which in CA is a felony! I recorded a witness who said he saw my son’s grandparents smoking meth around my son. After bringing recording to DA she prosecuted me !!! Also I am a veteran I was discharged with a General (less then honorable) discharge. I.E. was caught in a bar under age after coming back from afghanistan. Nothing severe or violent. Can I own/buy a firearm ???

Comment by Jerome Chavez on November 9, 2013 at 5:21 am

I got convinced 8 years ago for a drug charge ? can i get a permittee to owe a fire arm now days ? or em i screwed

Comment by Me me on November 20, 2013 at 3:21 pm

a person that has been charged with child abuse no harm….in the year 2000 can they have the right to have a conceiled weapons permit now in 2013?

Comment by Richard on November 27, 2013 at 9:12 pm

In the state of Alabama I’m sorry

Comment by Richard on November 27, 2013 at 9:13 pm

I was convicted of a felony drug charge just over 7 years ago in the state of Alabama. I understand i cannot own or possess a gun. My question is can my husband who hasn’t been in any trouble have a handgun or shotgun in our house or on his persons in a vehicle with me?

Comment by Ashley on December 4, 2013 at 1:03 pm

[...] past. Should felons be returned their Second Amendment rights upon release from prison? Currently federal law prohibits any person convicted of a felony from possessing or purchasing a firearm. Some states laws allow hunting with a muzzle loading [...]

[...] past. Should felons be returned their Second Amendment rights upon release from prison? Currently federal law prohibits any person convicted of a felony from possessing or purchasing a firearm. Some states laws allow hunting with a muzzle loading [...]

my question is a simple one. the lawyer who wrote this is from IN, i live in Illinois. i have a class X felony sealed on my juvenile record. if i moved to IN is there any chance i could ever own a fire arm?

Comment by Owen on January 4, 2014 at 8:57 pm

How can I know if I can own a gun if I had a felony back in 1999

Comment by David on January 7, 2014 at 1:48 pm

I can do jury duty and vote but need to see how I can know if I can buy a firearm

Comment by David on January 7, 2014 at 1:51 pm

Question is a blank gun considered a firearm? It cannot be made to shoot anything except a blank no projectile can be fired from it. I do not think the ATF considers it a firearm but I am curious. Thanks for any help you can give me.

Comment by Joe Renaud on January 9, 2014 at 6:37 pm

so even if you have a drug felony but never served jail time (5 yrs . probation) and its been past 7 yrs. you can never own a firearm. is that correct?

Comment by juan on January 16, 2014 at 4:00 am

To make a lifetime rule that anyone convicted of a non-violent felony can never again have their 2nd amendment rights constitutes cruel and unusual punishment (unconstitutional under the 8th amendment). No where in the US Constitution or the Bill of Rights does it say that someone convicted of a felony gives up every one of the rights under the Constitution for the rest of their life. Once the punishment is complete and a short (about 10 years) time has passed without another conviction, these Rights MUST be restored. Other wise “the right of the people to keep and bear Arms” are infringed. Doesn’t matter what the courts say, this is reality.

Comment by Bob on January 18, 2014 at 3:25 pm

I have a non violent felon conviction of disturbing coke I did my time and have 5 munths left on probation I was resentley charge with possion of a fire arm I killed a bear with a 22 rifle and got snitched on bear season was in I live in the worse state of all va where they take the law and change them and switch them any way they want just woundering if any one knows wut I might be lookin at when I go to court

Comment by derri k on February 18, 2014 at 11:36 am

i just found out that i have a felony from 19yrs ago. my wife owns a hand gun. is it legal for me to be in the house with the gun. my case was closed in 1994. my lawyer was suppose to seal my case and records to protect my background, i found out he didnt do that. i have since filed to have all my records sealed. i want to get back to hunting and be able to protect my family, and with everything going on these days i want to make sure myself and my family are safe. I have a gun of my own and have had it for years. what should i do to be able to purchase guns again.

Good day,in 1980 I was convicted of aggrivated robbery,did 5 months and was released,the judge said that my records were sealed.First what does that mean and can I own a ball and cap pistol in the great state of california?

Comment by Todd Anderson on March 8, 2014 at 11:46 am

My dad has a non violent felony. I was wondering if I could have a gun while living with him.

Comment by Caleb Hildinger on March 12, 2014 at 11:55 am

My dad has a non violent felony. I was wondering if I could have a gun while living with him. I live in Ohio.

Comment by Caleb Hildinger on March 12, 2014 at 11:56 am

at this point the only way i can get a firearm(legally!) is a pardon from the govener or president judge can exspunge my record(but that could take a long long time to appear on back ground check!!!),if the judge doe’s so…my felony coviction was 30+yrs.ago and was basicly “non violent”…burglary.i live in the state of pennsylvania,a great state but some of these law’s are tuff!!! after all quakers ruled pa. and the 1st. prison in the u.s.a. was eastern,in philly!!! my point? it is very very hard to get a full metal jacket weapon if you have been covicted of a felony,no matter what the charge!…i am 56 and all i want to do is hunt(as i have done for the first 20yrs. of my life,i live in pa. for christ sake!!! hunting & fishing is what 90% of pa doe’s…i am an antique dealer also & the guns i had to pass on! wow!!! but fed law says i can own a pre 1898 weapon,POINT? very hard to do,but check state law even if feds say no to felons,your state may have looser laws concerning felony convictions! thanks for listening!

Comment by darrin on March 27, 2014 at 5:04 pm

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i have a twenty (20) year old class b robbery felony that i was arrested for in ’93. i have not been in any trouble since. is there any way that i can legally carry a firearm???

Comment by anthony on April 30, 2014 at 3:44 pm

I am a convicted felon. Can I possess a BB gun in the state of New York? Or anyone in my household? I was convicted of attempted 2nd degree assault. In 88. And later on domestic violence . I signed papers agreeing to never possess any type of firearm for life.

Comment by Donald FOLEY on May 10, 2014 at 4:16 pm

I was convicted and sentenced to a prison term in the state of Florida for non violent crimes. It has been 10 years so since I was released and haven’t been in trouble since. I have had the same career and raising a family now and want to introduce hunting into their lives. Is there a way I can get my gun and hunting license?

Comment by Patrick on May 15, 2014 at 2:38 pm

[...] ruling opens the door to similar challenges in other states and hopefully a challenge to the federal law prohibiting convicted felons from owning guns. There are additional aspects to this ruling that could leave the door open for felons in others [...]

About 18 years ago my son got a few DWI’s in New York. Never a had an accident, just road stops, regardless, the last one resulted in a felony. He has been living in Florida for the past 5 years. Is he allowed to purchase a firearm in FL? Thanks.

Comment by John Puntora on July 6, 2014 at 7:08 pm

I just wana know if I can own or get a permit for fire arm I have two prior convictions assault 1 an 2. I would like to know just so that I can take the classes whit my girl lol that would be fun I don’t even want a gun a permit would be fine thank for ur time an u could get back at me on mal.j.steven@gamail.com

Comment by steven m on July 15, 2014 at 1:32 pm

I was convicted of non person class 9 theft in KS 17 years ago. Can my husband have a gun in our home? My case was expunged.

Comment by Beth on July 20, 2014 at 3:17 pm

My state doesn’t allow felons to have any guns at all. No antiques, no bb guns, no paintball guns, nothing. I think nail guns are about all you can legally have. Ironically, crossbows are still allowed, but you can’t carry them in public.

Comment by adam on August 25, 2014 at 3:28 am

This is the USC 921 definitions: (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Therefore as chevyguy put it in ohio you can own and possess a firearm, but he is incorrect about the felony level…I have a F3, but it was a non violent felony, therefore I was never under any disability (my rights where never taken), and can own and possess firearms.

Comment by Drew on September 1, 2014 at 6:04 pm

I’m a convicted felon & I own quite a few Muzzleloaders, the laws change in some states, but I’ve had ATF Agents look at My guns while they were in My possession & hand them right back to Me…. Under Federal Laws a Felon IS ALLOWED to Own & Possess Muzzleloaders, but as I said B4, there are some states that prohibit it, FLA allows ownership of antiques or replicas, but doesn’t allow You to Hunt with or fire them…. Michigan doesn’t allow any, & NY just recently made it a misdemeanor weapons charge if a Felon is found in possession of a Blackpowder Firearm….

So any Felons like Myself, that LOVE TO HUNT, You need to check the Local Laws, But Under Federal Law We ARE Still Allowed to Own, Possess, & Shoot our Blackpowder Guns… The 2nd Amendment Allows Us to Keep Our Gun Rights, We Just Get Restricted to Muzzleloaders, but some States try to see fit & take away those Constitutional rights because We The People now just seem to Bow Down & Allow Our Rights to be Taken Away without any Argument or Fight….

I keep My Muzzleloaders & My 2nd Amendment Rights eve though I’m a Felon…
I Keep My Guns Legally & I’ll continue to keep them… I own them for Home Defense & Hunting…. & if I was going to Use a Gun to Commit any Crimes, it wouldn’t be a single shot Muzzleloader, The REAL Criminals Use Semi-Auto Pistols to Rob People of Their Money & Property, or They Use Their Government Office to try & Rob ALL of Us of Our Rights Granted to Us by This Country’s Forefathers….

My Last Felony Charge was from 1994, now 20 yrs old… I’ve paid My Dues for it & Live by the Laws now, I’m an Avid Hunter & Fisherman, & My involvement in Hunting has helped keep Me out of trouble with the law….
Gun Laws are Dumb, a Criminal is going to be Criminal if they want to be one, restrictions on guns are only made for the people who Actually Follow the Laws, & By Me Keeping Only Muzzleloaders PROVES That Point…..

Comment by Chris on September 16, 2014 at 12:54 pm

Want to know if you have a federal felony and live in the state of California are you allowed to posses mace? I had an incident at work that I felt threaten by a furious customer and I use the mace on the customer. What can happen in this situation? Thanks!!

Comment by Tommy on October 24, 2014 at 2:45 pm

[...] Can a Convicted Felon Purchase or Possess Any Type of … – Can a Convicted Felon Purchase or Possess Any Type of Firearm?… [...]

The federal code that prohibits convicted felons from owning a firearm is somewhat ambiguous. Chapter 18 of the US code states with clarity that a person was convicted of a state, not federal, felony is prohibited by federal law from possessing firearms. However if the state in which the conviction occurred has restored the felons firearm rights then the federal law does not view the felon as being in violation of federal law, thus no prosecution. One caveat is that the felon must have had their civil rights taken away by the state and then restored by the state. That is all rights…the right to vote, hold public office, and serve on a jury. All off those rights must have been taken away and then restored. The operative word is “all” means “all”. There is SCOTUS rulings on this. If only your right to vote was taken then only your right to vote was restored therefore the federal prohibitions still apply. I agree…it is silly, but until the language is fixed by congress that is the way it is. Also if the state only restores the right to own and possess a shotgun then federal prohibitions still apply as the state did not fully restore your 2nd amendment rights. Another silly thing that needs to be fixed. So it is not uncommon for someone convicted of a state felony to have firearm rights restored. In Virginia the process could take as little as 2 months from start to finish. It isn’t a guarantee but it is quite possible. Some states will never restore your firearm rights…some states firearm rights are restored automatically after a period of time. Google the state you live in for a road map to have your rights restored. If you want, move to a state that treats the 2nd amendment like the 2nd amendment.

Just another caveat…those convicted of federal felonies must go through the federal process. At this time anything short of a presidential pardon will not restore your firearm rights as the ATF program that provided the avenue for firearm rights restoration has been defunded. People should start petitioning the congress to begin funding that program again.

Comment by JimTh on November 17, 2014 at 9:39 am

I know someone that has a 3rd degree sex offense and where that is a non violent crime but yet a felony, I am wondering if that person would be allowed to own a fire arm of any kind.

Comment by Richard on November 19, 2014 at 1:40 am

Chris, I have a couple of felonys and my last was in 1988, I was arrested in ILLinois and I live in South Carolina, I wonder if I can get my gun Rights back? Nothing Violent or drug related and nothing federal felony

Comment by jaycabby on December 6, 2014 at 6:33 pm

Its been 25 years since i was convicted of 17 felines a very non violet crime it was a drug case they changed me for every time i bought over the counter drugs. Is there a way that i may go hunting?

Comment by j faraone on December 13, 2014 at 2:31 am

If convicted of a felony in Iowa but never domiciled in that state are you bound by Iowa Firearm Citizenship restoration laws..
I was convicted of a felony in Iowa in 1992 assigned Probation which was discharged in 1995 without prejudice…Illinois was my home state and I am now residing in Louisiana..I have not had any run ins with the law or any other charges since this discharge….Looking to buy a firearm and Louisiana Law states that 10 years after discharge I am able to do that…Spoke with ATF which informed me that I could answer no to Question 11c on form 4473 stating I had not been convicted of a felony (1.) if probation was discharged on the case, (2) rights were restored in that state (Iowa)….(3) and I am not prohibited by Iowa to purchase a firearm ..Iowa law states that I must restore my Firearm Citizenship rights before I will be able to purchase this firearm…I was never domiciled in Iowa at any time. I never voted in the state, Never worked in the state, never had a bank account in the state, only a resident of the state (traveling back and forth to hearings) for purposes of court in 1992.. My question is would I be required to Restore my citizenship firearm rights to own a Firearm in a state where I was never a citizen or domiciled at any point and time…I spoke with a lawyer here in Louisiana and he contends that I am not required to do so being that I was not domiciled in the state and explained that Iowa has no Jurisdiction over my Civil and/or Citizenship rights and he further explained that the criminal case in question would be the only jurisdiction that the state would have had…I am only trying to get clarification on this matter…

Comment by Johnny Thomas on December 17, 2014 at 1:55 pm

A few states already allow felons to own fire arms legally after 10 years you just have to apply .

Comment by Chris on December 21, 2014 at 12:03 am

I am a disabled convicted Felon and I was wondering what I can use to hunt with and still stay legal. Crossbow? Muzzleloader?

Comment by roger dixon on December 22, 2014 at 11:19 pm

What papers are needed by an ex-felon who has had his gun rights restored if he plan on purchasing a firearm

About the author

ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More